The Minutes of the regular meeting of January 18, 2011, were approved.

The President announced that an election would be conducted to fill a two-year term on the Nashville and Eastern Rail Authority and on the Cheatham County Rail Authority at the next meeting of February 15, 2011. Nominations must filed with the Metropolitan Clerk no later than Tuesday, February 8, 2011 at 4:00 pm.

- ELECTIONS AND CONFIRMATIONS -

Solid Waste Region Board
Appointment of Mr. Aso Hawrami for a term expiring December 15, 2016. At the request of the nominee, the confirmation was withdrawn.

Wastewater Hearing Authority
Reappointment of Mr. John Barnes for a term expiring October 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- RESOLUTIONS -

Without objection, RS2011-1525 was called up for consideration at this time.

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of immunization program activities and staffing to monitor and assess the delivery of services by providers in Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Health to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide HIV/AIDS prevention, surveillance and sexually transmitted disease program services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide food safety services to Davidson County residents and to conduct surveys as required. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

A resolution approving an application for a Big Band Dances grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Parks and Recreation Department. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

An ordinance approving an amendment to the lease between the Metropolitan Government and Square Investment Holdings, LP for space in the Washington Square Building located at 222 Second Avenue North (Proposal No. 2011M-002PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by renaming a portion of Summitt Avenue to “West Summitt Avenue” (Proposal No. 2010M-002SR-001). The bill was approved by the Planning Commission and Historical Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to MUN zoning for properties located at 2733 and 2737 Herman Street, at the southeast corner of Herman Street and 28th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2010Z-015PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to MUN zoning for property located at 3954 Dodson Chapel Road, approximately 230 feet south of Central Pike (1.43 acres), all of which is described herein (Proposal No. 2010Z-029PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 2724 Elm Hill Pike, approximately 900 feet west of Donelson Pike (1.28 acres), to permit hotel and restaurant uses, all of which is described herein (Proposal No. 2011SP-001-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to ON zoning for property located at 1101 38th Avenue North, approximately 180 feet north of John L. Driver Avenue (0.17 acres), all of which is described herein (Proposal No. 2010Z-026PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning for property located at 2353 Gallatin Pike, approximately 400 feet east of Riverchase Boulevard (15.04 acres), to permit an expansion to an existing auto sales facility for auto sales (new and used), auto service, auto repair, car wash, private fuel storage and dispensing, auto parts sales, and auto storage, all of which is described herein (Proposal No. 2010SP-022-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CL to MUN zoning for property located at 307 Wilburn Street, approximately 200 feet east of Meridian Street (0.28 acres), all of which is described herein (Proposal No. 2010Z-031PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUL zoning for property located at 2300 Charlotte Avenue, at the northwest corner of Charlotte Avenue and 23rd Avenue North (1.1 acres), all of which is described herein (Proposal No. 2010Z-027PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS20 zoning for property located at 5700 Cane Ridge Road, opposite Blairfield Drive (5.49 acres), all of which is described herein (Proposal No. 2010Z-028PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to MUN zoning for property located at 7000 Harper Road, at the southeast corner of Clarksville Pike and Harper Road (3.9 acres), all of which is described herein (Proposal No. 2010Z-030PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to SP zoning for property located at 24 Lincoln Street, at the northwest corner of Lincoln Street and Perkins Street (0.26 acres), to permit an existing one-story brick structure to be used as five apartment units, all of which is described herein (Proposal No. 2010SP-020-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to MUN zoning for property located at 731 McFerrin Avenue, at the southeast corner of McFerrin Avenue and Chicamauga Avenue within the Greenland Neighborhood Conservation Overlay (0.32 acres), all of which is described herein (Proposal No. 2010Z-033PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance appropriating an amount not to exceed $200,000 from the unappropriated fund balance of the General Fund of the General Services District to the Department of Water and Sewerage Services for the purpose of providing limited economic recovery credits to customers that were directed to cease using public drinking water for plant nursery stock and washing cars during the period of mandatory water conservation following the May 2010 flooding of the K.R. Harrington water treatment plant. The Budget and Finance Committee made no recommendation; the Public Works Committee approved the bill with two amendments. Mr. Maynard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 2.222.020 of the Metropolitan Code to allow Members of the Metropolitan Council to act as a non-compensated representative for constituents before Metropolitan Government departments, agencies, boards and commissions. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment. Ms. Wilhoite moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 11.12.070 of the Metropolitan Code to prohibit the use of personal sound amplification equipment on the public rights-of-way within downtown Nashville. The Codes, Fair and Farmers Market and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Mr. Jameson moved to defer the bill indefinitely.

An ordinance authorizing Bristol Development Group to install, construct, and maintain an underground encroachment for the property located at 1700 State Street (Proposal No. 2010M-006EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance naming the auditorium at the Howard Office Building in honor of Sonny West. The bill was approved by the Rules-Confirmations-Public Elections Committee with an amendment. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapters 2.128, 4.20, and 11.24 of the Metropolitan Code pertaining to prospecting and the preservation of historic sites and artifacts found on Metropolitan Government property. The bill was approved by the Budget and Finance and Planning, Zoning and Historical Committees. Mr. Forkum offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Forkum moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 6.74.025 of the Metropolitan Code to eliminate the minimum charge for livery services. The Budget and Finance; Convention, Tourism and Public Entertainment; Public Safety-Beer and Regulated Beverages; and Transportation & Aviation Committees recommended indefinite deferment. Mr. Crafton moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 10.56.240 of the Metropolitan Code to exempt certain newer vehicles from the emissions testing requirements. The Budget and Finance and Health, Hospitals and Social Services Committees recommended deferment. Mr. Ryman moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

An ordinance requiring the Board of Fair Commissioners to issue a Request for Proposals for the privatization and continued operation of the fairgrounds functions. The Budget and Finance and Codes, Fair and Farmers Market Committees recommended indefinite deferment. Mr. Crafton moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 4.28 of the Metropolitan Code to prohibit Metropolitan Government contractors from discriminating on the basis of sexual orientation or gender identity through their employment practices. The Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees recommended deferment. Mr. Jameson moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

An ordinance abandoning all public utility easements in connection with Project 10-WL-61 and 10-SL-133, Brighton Road, and Project No. 10-SL-165 sewer on MBA campus, shown on Map 103-16, Parcels 52, 66, and 29, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-029ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 1863 (Proposal No. 2010M-012AB-001). The bill was approved by the Traffic and Parking Commission, Public Works and Traffic and Parking Committees; the Planning, Zoning and Historical Committee recommended deferment and the bill has been re-referred to the Planning Commission. Ms. Page moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of 28th Avenue North right-of-way (Proposal No. 2011M-001AB-001). The bill was approved by the Planning Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.16.250 pertaining to cosmetology and barber shops as a home occupation accessory use in residential districts, all of which is more particularly described herein (Proposal No. 2009Z-032TX-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Stanley moved to defer the bill to the second meeting in March, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM9 to SP zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), to permit a mixture of commercial and/or medical uses along with a possible assisted-living facility and active senior living, all of which is described herein (Proposal No. 2010SP-019-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Gotto moved to defer the bill, the bill being requested by Anderson, Delk, Epps and Associates, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the SP District (adopted with Council Bill BL2008-137) for the previously approved Starwood Commons Specific Plan District, for property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to allow all previously approved uses associated with the Starwood Amphitheater to be temporarily permitted, all of which is described herein (Proposal No. 2008SP-002-002). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Maynard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Maynard moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Duvall, Todd, Mitchell (35); “Noes” (0); “Abstaining” Coleman (1).

An ordinance amending Chapter 2.78 of the Metropolitan Code to require the Board of Fair Commissioners of the Metropolitan Government of Nashville and Davidson County to hold a state fair on the fairgrounds property in 2011, to continue operating the expo center at the fairgrounds until a suitable relocation site has been identified, and to oversee the demolition of the existing racetrack facilities for use as a public park. The bill was approved by the Budget and Finance, Codes, Fair and Farmers Market and Parks, Library and Recreation Committees. Ms. Moore requested a suspension of the rules to allow the bill to be amended on third reading and objection was made. Ms. Moore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

An ordinance authorizing the acquisition of properties or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, Project Number 93-SC-34, Whites Creek Wastewater Pumping Station Improvements, on properties at Ashland City Highway and East Stewarts Lane (Proposal No. 2010M-021ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hodge moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2010M-002OT-001). The bill was approved by the Planning Commission. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (36); “Noes” (0).